Civil Action Retrial Procedure Restructuring

Civil action retrial procedure restructuring is a important constituent in civil procedure law .It achieved the goal of the safe guarding country judicature activity the fairness and the authority as well as protected the litigant legitimate rights and interests by making to the people's court already has the legal effect but really have the wrong referee. Since our country civil retrial system establishment, has gotten up truly certain positive role.However, under the planned economy system product, the authority principle rationale has losed biased and the system design existence flaw.So in the practice also exposes the massive questions and meets the reality need with difficulty. Therefore, it has the extremely vital significance to the civil action retrial procedure restructuring research.The paper main body is composed by following several parts:The first part, from basic concept obtaining, first to the civil retrial procedure concept, the characteristic, the meaning, the function has carried on the brief introduction; Next, the basic legal principle theory of law foundation which involves to the civil action retrial procedure carries on the analysis, pointed out it is the authority relief, the authority restriction and the procedure safeguard request; Finally, briefly introduced the civil retrial procedure basic structure.The second part, Introduced from the comparison test angle in two big legal systems has the representative national civil action etrial procedure correlation stipulation, and summarized these two big legal system country similarities and differences as well as with our country civil action retrial procedure difference in this oundation, take is advantageous for as our country's retrial procedure reform rovides the model.The third part, has analyzed our country civil retrial procedure theory flaw, then had pointed out in the retrial procedure proposed the main body, the launch retrial procedure matter stipulated and so on the aspects exist concrete flaw.The fourth part, took full text writing key, first elaborated the retrial procedure value goal, carries on the revision to our country civil retrial procedure restructuring guiding ideology and the elementary theory question, then to restructured our country's civil retrial procedure concrete aspect to carry on the design.